Keller v. State
- Thomas Jeames Keller, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
- Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
Case No. 2018-CV-00350
South Central Judicial District, Morton County
Parties' Statement of Issues
Whether the district court erred by denying Mr. Keller’s application for postconviction relief.
Whether the Petitioner proved a case for post-conviction relief on the issue of ineffective assistance of counsel.
Thomas Jeames Keller appeals from a district court order denying his application for post-conviction relief.
Keller pled guilty to three charges at a January 4, 2018 change of plea hearing. Prior to the hearing, Keller and his attorney discussed Keller’s medical conditions and the advantages of obtaining a presentence investigation report. At the change of plea hearing, Keller’s attorney requested a presentence investigation report for the first time. The district court denied the request and sentenced Keller to four years’ imprisonment. On April 12, 2018, Keller filed an application for post-conviction relief. The court held an evidentiary hearing, at which Keller’s attorney testified. After the hearing, the court denied Keller’s application for post-conviction relief.
On appeal, Keller argues the district court erred in denying his application for post-conviction relief because Keller was prejudiced by ineffective assistance of counsel when his attorney failed to obtain a presentence investigation report prior to sentencing.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/25/2018||NOTICE OF APPEAL : 10/25/2018|
|2||10/25/2018||ORDER FOR TRANSCRIPT : 10/25/2018|
|3||10/25/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||10/25/2018||Notice served on Susan M. Young and Brian D. Grosinger|
|5||10/31/2018||Scott O. Diamond appointed to represent Appellant|
|6||11/26/2018||ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-40)|
|7||12/05/2018||ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-77) (underlying criminal)|
|8||12/21/2018||MOT. EXT/TIME TRANSCRIPT|
|9||12/21/2018||ACTION BY TRIAL COURT - Granted : 01/20/2019|
|10||01/17/2019||ELECTRONIC TRANSCRIPT DATED AUGUST 16, 2018 & C.O.S.|
|13||02/19/2019||Rec'd 6 copies of ATB & ATA from Central Duplicating|
|14||02/20/2019||Rec'd $25 surcharge for ATB (receipt #26904)|
|15||03/19/2019||NOTICE OF ORAL ARGUMENT SENT|
|16||03/19/2019||REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT|
|17||03/19/2019||REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE|
|19||03/19/2019||DISK (AEB)(emailed and disk)|
|20||03/20/2019||ACTION BY SUPREME COURT (request to waive oral argument on behalf of appellant) - Granted|
|21||03/20/2019||ACTION BY SUPREME COURT (request to waive oral argument on behalf of appellee) - Granted|